Carroll was accused of battering the child on July 11 but Carroll and her defense attorney believed she was defending herself after the child allegedly kicked then knocked Carroll's glasses off her face.

Carroll was charged with petty misdemeanor battery.

Carroll's defense attorney Philip P. Chandler said he is pleased with the jury's decision.

"I think it was a reasonable decision," Chandler said. "The jury clearly was attentive, listened and took their time with the case. We didn't contest the fact that she (Carroll) touched the child but it was unintentional."

Representing the state Ellen Jessen said she respects the jury's decision.

"It was the state's position that it was intentional," Jessen said. "But the jury has spoken and we respect their verdict."

At the heart of the case was whether Carroll had hit or touch the girl in an intentional, rude, angry or insolent manner.

During testimony in the one day trial, a special education assistant on the stand testified that she and the girl entered a classroom at the Alamogordo Public School administration building around 11:30 a.m. on July 11.

The assistant testified that she was getting the girl a glass of water then she heard a loud slap and the autistic girl started crying then ran from the room and was found in cowering in the hallway.

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Carroll testified the girl had kicked her hard in the groin area then Carroll walked the girl over to a table.

Carroll also testified that while she was walking the girl over to a table and chair in the room, and was explaining to the girl that she should not hit people, the girl hit Carroll on the side of the face and knocked Carroll's glasses off her face.

Carroll testified she pulled back her arm, stopped then touched the girl on the face as a reaction but not in an ugly because she would never hurt a child.

"I regret doing it," Carroll said on the stand. "I did not hit her on the face or slap her. It wasn't mean or ugly but I touched her on the face. It wasn't intentional or ugly. I realized I should not touch an autistic child."

Carroll testified that the assistant with the girl was texting on her cellular telephone and had her back turned away from the situation.

The special education assistant in charge of helping the girl testified that she was getting the girl a glass of water while still in the room with Carroll and the girl then heard a loud slap but never saw the autistic girl hit or knock Carroll's glasses off her face.

The assistant testified she was not texting on her telephone nor saw any indication or marks on Carroll that showed Carroll had been kicked or hit by the girl.

The 12-year-old girl's parents were in shock and left the courtroom abruptly after the not guilty verdict was announced by the jury foreman on Thursday.

The parents of the girl on Friday said they would like to express their deepest thank you's to the other special education assistants and teacher whom testified on behalf of their daughter.

"We feel that the aid the who refused to hid what happened and sought out help for their daughter is her hero," the mother said who wanted to remain anonymous to protect their daughter from further trauma. "We would also like to thank the district attorney for her efforts in the case. I understand the juries decision. It's their right to make the decision. We respect their decision."

The girl's mother also said she was upset because they didn't even get an acknowledgement from Carroll that she made a mistake.

"We didn't even get an I am sorry from Carroll," the mother said. "Or from Carroll that she lost her temper. There was no thing and only complete denial."

In earlier interviews with the Daily News about the case, Alamogordo Public School Superintendent Dr. George Straface said Carroll no longer works at APS.Contact Duane Barbati at dbarbati@alamogordonews.com.